Former Department of Environment and Natural Resources Secretary Gina Lopez through her Facebook page, posted an answer to Senators Alan Cayetano and Panfilo Lacson who have voted against the confirmation of her appointment, saying that the people's welfare should come first.

Allegations have gone viral of Cayetano, who ran alongside President Rodrigo Duterte, voting against his appointee because of her relations with a mining giant, Eric Gutierrez who also funded the campaign of Mar Roxas in the 2016 elections.

Lacson on the other hand, said he didn't support her because Lopez “admittedly arrogated unto herself the authority which is not prescribed under the existing laws of the land,” that could made her “potentially dangerous as a department head.”

Lopez answered in social media, saying that the duty of the officials in Congress and the senate is to let the welfare of the people prevail.

She said that the present laws on mining are onerous to the government and to the people when it comes to the fiscal aspect, the proper accounting of environmental costs and the payment of "funds" for the "costs" of mining.

"In other words, there is a gap between law and justice. The whole development of the law is about closing this gap," she said.

Lopez enumerated how this gap between law and justice can be closed or corrected:

a) legislation - but Congress did not act on the pending mining reform bills;
b) judicial decisions (jurisprudence) - but pending case in the SC has not been decided;
c) executive action - President Aquino issued EO 79 - a big step towards correcting certain injustices but still need new law.
d) executive action on the part of the DENR (as the regulator of mining) and Office of the President either because of:
i) violations of environmental laws or
ii) imminent danger to the environment and especially to the poor or
iii) its duty to apply the precautionary principle to protect the environment and the poor

Lopez said that if there is an uncertainty, the decision should always be on the side of the Filipino people.

As the Chamber of Mines told Lopez that she needs to prove that there is a violation of the environment, she stated that the burden of proof should be on them.

The former environment secretary said that it is evident in thousands of farmers and fishermen that their lives have been affected by the operations.

"The right thing to do - is what the Chamber of Mines said in one statement - let a new chapter begin. SO FOR HEAVENS SAKE START THE CHAPTER. Yu dont start by l by laying excuses for misdeeds"

She added that these officials gather and discuss "how to lives better" and find technology that would not allow open pits damage people's lives.

"Why dont you bond together against Bernardino - whose operations has caused tremendous damage to the ecoomy and l the lives of the people of Marinduque ifor 21 years and still counting. Instead of protecting the failings, why dont you go forward/ And to this end I am sincere about offering my services.. even if I am not DENR secretary.. IF YOU DONT DAMAGE THE ENVIRONMENT!," she said.

Lopez on January 30 issued a memo ordering suspended mine firms to give 2 million for every hectare of land disturbed.

She said that the requirement is for the Social Development and Management Program (SDMP).

"Anyway, what I've decided to do is we increased the SDMP funds, so they're not putting money in any separate account. As DENR secretary, it is totally my prerogative to increase the SDMP funds. That's have been done in the DAO [department administrative order] from P1.5 million to P2 million," Lopez said.

"It's the same thing. It's gonna help the farmers in another farm. It's money for the farmers. It's gonna go inside a fund. Because SDMP fund is mandated by law, so what we're doing is we're putting up an account in the SDMP funds which is for the farmers, which is totally legal," she added.

In her post she said that the problem is that SDMP funds are not used well.

She said she made a policy that SD,P will no longer just go to host communities but to a fund which will be "jointly managed for the AREA."

"Sigh.. since the issue is hot - I might as well vent ... its good for the country.. and I do it not out of anger... well a little frustration.. but also hopes for the future and love of country..We go for it.," Lopez said.